ASIC Takes Legal Action Against ASX Over CHESS System Delay

2

On February 10, 2022, ASX had publicized that the CHESS replacement was “on track for go-live” by April 2023. However, subsequent developments painted a different picture, prompting sharp criticism and legal actions from the Australian Securities and Investments Commission (ASIC).

ASIC's complaints arise from reassurances given by the ASX suggesting that the project was "progressing well." Yet, by late March 2022, ASX consulted Accenture, whose findings led to the project's shelving and $250 million in write-offs.

In his statement unveiling the court action, ASIC chair Joe Longo remarked, “There was a collective failure by the ASX board and senior executives.” He underscored that ASX’s promises are vital for trust within the financial markets.

“Companies and investors rely heavily on ASX’s communications regarding their operations to make investment decisions. A breach of confidence at this level induces extensive repercussions across the market,” Longo added.

The legal actions come on the heels of a pre-existing penalty amounting to $1,050,000 paid by ASX after an ASIC investigation scrutinized its adherence to market integrity rules.

Moreover, criminal charges were recently directed at four individuals allegedly involved in a "pump and dump" operation via Telegram, spotlighting ASIC's dedication to regulatory compliance.

The CHESS system, originating in 1994, initially replaced a laborious paper-based clearing approach. The award-winning transaction clearing system proved instrumental for brokers who floated the exchange in 1998, now known as ASX Ltd. The shift from manual to digital processes was seen as a massive leap in operational efficiency at the time.

ASX had planned to replace the decade-old CHESS system beginning in 2016, targeting an April 2021 completion date. However, the project timeline was redefined to April 2023 after re-planning in March 2020.

Subsequently, Digital Assets, ASX’s advisory consultants, flagged the project with a “red RAG” status from June to November 2021, indicating severe risks to timely delivery without appropriate mitigations.

This red status, an IT project management term for serious concerns, was documented and presented to ASX’s audit committee in early February 2022. Nonetheless, ASX published its half-yearly report a week later, asserting that the project was "tracking to plan and progressing well," a statement that ASIC now disputes.

Longo emphasized, “We will argue that the project was not ‘progressing well’ as of February 10, 2022. The postponement and subsequent pause in November 2022 have significantly impacted ASX and the market participants dependent on these assurances.”

Highlighting the necessity for transparent and efficient management of such pivotal projects, Longo remarked, “Ineffective handling erodes confidence in Australia's market's ability to attract investment.”

The original article was published by Neale Prior for The West Australian

Published:Thursday, 15th Aug 2024
Source: Paige Estritori

Share this news item:

Finance News

Mortgage Crisis: 40% of Australian Homeowners Under Pressure 09 Sep 2024: Paige Estritori A recent study has uncovered that an alarming number of Australian households are grappling with mortgage burdens, as over 1.4 million families find themselves in financial distress. This amounts to more than 40% of current home loan holders, according to new data from Finder, a consumer finance comparison service. - read more

Contactless Revolution: The Decline of Cash Among Tradies 07 Sep 2024: Paige Estritori Australia is embracing a cashless economy, a trend that is significantly reshaping how tradespeople, or 'tradies,' handle transactions in their day-to-day operations. - read more

RBA Remains Cautious Despite Economic Slowdown 06 Sep 2024: Paige Estritori Borrowers expecting a reduction in interest rates due to sluggish economic growth might have to wait longer, as the Reserve Bank of Australia (RBA) prioritizes inflation management. - read more

NSW Cracks Down on Abuse of First-Home Buyer Benefits 02 Sep 2024: Paige Estritori More than $9 million has been reclaimed in a concerted effort by Revenue NSW to ensure the first-home buyers program remains fair and effective. This initiative comes in response to a small group of applicants attempting to exploit the system meant to aid genuine first-time homebuyers. - read more

Retail Sector Braces for Tough Holiday Season 01 Sep 2024: Paige Estritori As Australians continue to face a challenging cost of living crisis, economic analysts have prepared retailers for a rocky road ahead as the Christmas season approaches. - read more

Stamp Duty Ruse Exposed: Hundreds of Aussie Homeowners Face Repercussions 01 Sep 2024: Paige Estritori Australia’s property market has witnessed a crackdown on homeowners exploiting a government initiative designed to ease the financial burden for first-time buyers. The scheme, intended to provide stamp duty relief, has seen numerous participants bending the rules to save money. - read more

Banks Under Scrutiny: Transparency and Fairness in the Spotlight 29 Aug 2024: Paige Estritori The Treasurer has made a strong call for transparency as executives from Australia's leading banks gear up for a rigorous parliamentary inquiry. - read more